[blindlaw] nfb v. target

Sun Mar 15 06:11:01 UTC 2009

Scott, Joe etc.,

The question of the Target site has come up, and 
Joe says he was able to use it.  This very well 
could be true, as sometimes everything went 
fine.  However, there were instances when the 
site put up on the screen a "purchase button" 
that was totally invisible to screen 
readers.  Unless you clicked it, you could not 
finalize your purchase.  It was not used for all 
purchases, but was for some.  I know as it 
happened to me.  Unfortunately I do not live in California.

Anyway, if Joe didn't go all the way to making a 
purchase, or happened not to encounter the 
invisible button, then he would think the site was accessible.

Dave

At 10:19 PM 3/14/2009, you wrote:
>The standards used are those of WCAG and Sec. 
>508.  I did not work directly on Target and 
>cannot tell you exactly the access barriers.  I 
>can tell you that with respect to filing 
>applications to law schools through LSAC on 
>their website, it is impossible to fill those 
>applications out independently using screen 
>reading softaware.  Let me also assure list 
>members that we don't simply jump on a website, 
>encounter difficulty, and then sue them the next 
>day.  A lawsuit is the last resort when the 
>entity is not willing to deal with us 
>otherwise.  Just because we are a small minority 
>does not mean that our right to the mainstream 
>of society must always be subservient to the 
>majority's unwillingness to consider us due to 
>our small numbers.  Unless someone has a new 
>point to be made on this topic, I respectfully 
>suggest that we move onto different 
>discussions.  Let's also agree to disagree on certain points.
>Scott C. LaBarre, Esq.
>
>LaBarre Law Offices P.C.
>1660 South Albion Street, Ste. 918
>Denver, Colorado 80222
>303 504-5979 (voice)
>303 757-3640 (fax)
>slabarre at labarrelaw.com (e-mail)
>www.labarrelaw.com (website)
>
>CONFIDENTIALITY NOTICE: This message may contain 
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>----- Original Message ----- From: "Joe Orozco" <jsorozco at gmail.com>
>To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
>Sent: Saturday, March 14, 2009 8:52 AM
>Subject: Re: [blindlaw] nfb v. target
>
>
>What troubles me is that my question of accessibility standards has not been
>answered on the other case against the LSAC.  The same question is
>applicable here.  What standard was used to conclude that the web site was
>not accessible?  I do not claim to be a genius at manipulating technology to
>serve my needs, but I did not have to try hard at all to make Target give me
>what I needed between 2005 and 2008.  So is the problem the web site layout,
>or is it our own technology training?  Rather than chase every entity with
>features a few people deem inaccessible, would it not be prudent to take our
>standards, whatever those may be, to the classroom, to the software
>developers, the relevant associations raising the performance standards of
>its students and members?  This method of engineering change gives us the
>perception of a watchdog group.  If this is what we have become, and given
>the small margin of the population we represent, I would rather trigger
>change at the source rather than at the output.
>
>Joe Orozco
>
>"A man who wants to lead the orchestra must turn his back on the
>crowd."--Max Lucado
>
>-----Original Message-----
>From: blindlaw-bounces at nfbnet.org
>[mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Steve P. Deeley
>Sent: Saturday, March 14, 2009 9:24 AM
>To: NFBnet Blind Law Mailing List
>Subject: Re: [blindlaw] nfb v. target
>
>That should not result in you receiving damages of almost $4,000.00.
>----- Original Message -----
>From: <ckrugman at sbcglobal.net>
>To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>Sent: Saturday, March 14, 2009 4:35 AM
>Subject: Re: [blindlaw] nfb v. target
>
>
>As an individual I am insulted and damaged each time I am
>discriminated by a
>business not accommodating my ability to access their products
>and services,
>especially on the Internet when I have made sure that I have
>accommodated
>myself with the most up-to-date software to mitigate my needs as a blind
>person. I should not have to rely on sighted assistance to use
>a product or
>do without because the greedy corporations has chosen the most expedient
>road to sell their products. I am also insulted that you are
>posting this
>question. I have in my life time been sold out by too many
>blind people that
>thought they knew what I needed and I hope more companies will
>have to pay
>damages in these types of cases. Perhaps they will then learn
>how to meet
>the needs of all their customers. Fortunately here in California we have
>some laws with some teeth in them that are
>enforceable--although these teeth
>still need a good sharpening.
>Chuck
>----- Original Message ----- From: "Steve P. 
>Deeley" <stevep.deeley at insightbb.com>
>To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>Sent: Friday, March 13, 2009 6:22 PM
>Subject: Re: [blindlaw] nfb v. target
>
>
>That is a lawyer talking who makes his living in rediculous
>situations like
>this one.  Again, you show me how an individual was damaged and out
>$4,000.00.
>Steve
>----- Original Message ----- From: "Scott C. 
>LaBarre" <slabarre at labarrelaw.com>
>To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>Sent: Friday, March 13, 2009 5:38 PM
>Subject: Re: [blindlaw] nfb v. target
>
>
>Violation of civil rights has long been recognized as a form of
>compensible
>legal damage as well it should be.
>Scott C. LaBarre, Esq.
>
>LaBarre Law Offices P.C.
>1660 South Albion Street, Ste. 918
>Denver, Colorado 80222
>303 504-5979 (voice)
>303 757-3640 (fax)
>slabarre at labarrelaw.com (e-mail)
>www.labarrelaw.com (website)
>
>CONFIDENTIALITY NOTICE: This message may contain confidential
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>information. If you are not the designated recipient, you may not read,
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>error, please notify the sender at 303) 504-5979 or
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>----- Original Message ----- From: "Steve P. 
>Deeley" <stevep.deeley at insightbb.com>
>To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>Sent: Friday, March 13, 2009 2:31 PM
>Subject: Re: [blindlaw] nfb v. target
>
>
>>This is ridiculous!  How were these people damaged?
>>----- Original Message ----- From: "Mehgan Sidhu" <ms at browngold.com>
>>To: <blindlaw at nfbnet.org>
>>Sent: Friday, March 13, 2009 3:20 PM
>>Subject: [blindlaw] nfb v. target
>>
>>
>>>To answer the recent questions posted about the Target case,
>the final
>>>settlement hearing took place on March 9th.  I understand from our
>>>counsel in California, Larry Paradis of DRA and Josh
>Konecky, that there
>>>were no objectors and the Judge was pleased with the
>resolution of the
>>>case.   The settlement is not fully "final" until the time for any
>>>appeals has run - which is about 30 days.  Given there were
>no objectors,
>>>it is highly unlikely that any appeals will be filed.  The
>judge has not
>>>yet made a ruling on attorneys fees, but that will not hold up
>>>enforcement of the settlement.
>>>
>>>
>>>
>>>As for disbursements, assuming there are no appeals, the claims
>>>administer has 45 days from the final approval date to
>disburse funds to
>>>claimants. I do not know the final tally of approved
>claimants, though I
>>>think there were several hundred.  I will pass that information along
>>>when I have it.
>>>
>>>
>>>
>>>We will now be working on enforcing the settlement commitments that
>>>Target made with respect to the accessibility of the website.
>>>
>>>
>>>Mehgan Sidhu
>>>Brown, Goldstein & Levy, LLP
>>>120 East Baltimore Street, Suite 1700
>>>Baltimore, Maryland 21202
>>>410-962-1030 x1324
>>>410-385-0869 (fax)
>>>ms at browngold.com<mailto:ms at browngold.com>
>>>www.browngold.com<http://www.browngold.com/>
>>>
>>>Confidentiality Notice
>>>
>>>This e-mail may contain confidential information that may
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>>>privileged and that is intended only for the use of the addressee(s)
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>Thank you!
>>>
>>>_______________________________________________
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>.deeley%40insightbb.com
>>
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